DIFFERENCES UNDER RULE 103, R.A. NO.

9048 AND RULE 108

SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108 AND RA 9048

Rule 103 Rule 108 RA 9048

Cancellation or
Name of Correction of
Law Change of Name Entries in the Civil Clerical Error Law
Registry

Change or correction Change of first name

Change of full name in the civil and nickname
Subject (Substantial and civil entries (only
Matter registry (Substantial typographical
corrections)
corrections) or Clerical errors)

Any person
interested in any act,
Any person having
event, order or decree direct and
A person desiring to concerning the civil personal interest in the
Who may change his status of correction of
File persons which has a clerical or
name (Section 1) been typographical error in an
recorded in the civil entry and/or change of
register. first name or
nickname. (Section
(Section 1) 3)

1 Local civil registry

.) office of
th city or municipality
RTC of the province in e where the
which record being sought to
petitioner resides for RTC of City or be corrected
three years province where
prior to filing, or, in the the corresponding or changed is kept.
Venue City of civil registry 2 Local civil registrar of
Manila, to the Juvenile .) the
and is located. place where the
Domestic Relations interested party is
Court. presently residing or
domiciled.
Philippine Consulates.
(Section 3)

Contents
of the A petition for change of (a) That the The petition shall be in
name petitioner has been the form
Petition shall be signed and a bona fide of an affidavit,
verified by the resident of the subscribed and sworn
pers desirin hi province where the to before any person
on g s name petition is authorized by
changed, or some filed for at least three the law to administer
other person on (3) years oaths. The
his behalf, and shall prior to the date of affidavit shall set forth
set forth: such filing; facts
(b) The cause for which necessary to establish
the the merits of
(a) That the petitioner change of the the petition and shall
has been a petitioner's name show
bona fide resident of affirmatively that the
the province is sought; petitioner is
where the petition is (c) The name asked for. competent to testify to
filed for at (Section the matters
least three (3) years stated. The petitioner
prior to the 2) shall state the
date of such particular erroneous
filing; entry or entries,
(b) The cause for which are sought to be
which the corrected
change of the and/or the change
petitioner's name is sought to be
soug made
ht; .
(c) The name asked for. The petition shall be
(Section supported
with the following
2) documents:
A tr machin
1. certified ue e
copy of the certificate or
of the page
of the registry book
containing the
entry or entries sought
to be
corrected or
changed.
At least two (2)
2. public or
priva docume showi
te nts ng the
correct entry or entries
upon which
the correction or change
shall be
based;
and
Other documents
3. which the
petitioner or the city or
municipal
civil registrar or the
consul general
may consider relevant
and necessary
for the approval of
the petition.
The petition and its
supporting
papers shall be filed in
three (3)
copies to be distributed
as follows:
first copy to the
concerned city or
 municipal civil
registrar, or the
consul general; second
copy to the
Office of the Civil
Registrar General;
and third copy to the
petitioner.
(Section
5)
The petition for change of
(a) when the name is first name
ridiculous, or nickname may be
dishonor extremel allowed in any
able or y of the
following
difficult to write or cases:
pronounce;
Th petition find
(b) when the change 1. e er s the
results as a first or t
leg consequ name nickname o be
al ence such as ridiculous, tainted with
legitimati dishonor or
on; Upon good and valid extremely difficult to
grounds, write or
(c) when the change the entries in the civil pronoun
will avoid register ce.
Grounds confus may be cancelled or The new first
ion; corrected. 2. name or
nickname has habitu an
(d) on ha continuo (Section 2) been ally d
when e s usly continuously used by the
use an known petitioner
d d been since and he has been publicly
childhood by a Filipino known by
name, and that by that first name or
was unaware of alien nickname
parentage; in the
community:
or
(e) since desi ado
a re re to pt a Th change
Filipi na to sig 3. e will avoid
no me erase ns of confusio
former alienage, all in n.
good faith (Section
and without 4)
prejudicing anybody;
Page 62 of 69
 and
(f) when the surname
causes
embarrassment and
there is no
showing that the chan
desired ge
of name was for a
fraudulent
purpose or that the
change of
name would publi
prejudice c
interes Cosete
t. (RP vs. ng-
Magp G. N 18947
ayo, R. o. 6,
February 2,
2011)

Summary in nature if
the
correction is clerical or
typographical only.
Judicial Proceeding. Can be Administrative
What kind of (Hearing is converted to an proceeding. (Only an
necessa adversarial investigation may be
Proceeding ry) conducted.)
proceeding if there are
substantial changes
and effect to
the status of an
individual.
(Hearing is necessary)

File a verified petition

A signed and verified for the
What to File petition. cancellation or File an affidavit.
correction of any
entry.

At least once a week for

two
Once a week for three consecutive weeks in a
newspaper of
consecutive weeks in a general circulation.
newspaper of general Once a week for three Furthermore, the
circulation. petitioner shall submit a
Notice and (notice of consecutive weeks in a certification
hearing)
Publication newspaper of general from the appropriate law
** hearing shall not be circulation. (notice of enforcement agencies that
conducted hearing) he has no
 w/in 30 days prior to pending case or no
election nor criminal record
w/in 4 months after (publish the whole
last affidavit)
publication of notice**

Duty city or municipal

civil registrar
or the consul general to
whom the
petition is presented shall
examine
the petition and its
No supporting
Posting posting No posting documents. He shall post
the petition
in a conspicuous place
provided for
that purpose for ten (10)
consecutive
days after he finds the
petition and
its supporting documents
sufficient
in form and substance.

The Civil Registrar

Participant concerned is
from made a party to the The Civil Registrar or the
the The Solicitor General proceedings Consul.
Government must be
notified by service of a as respondent.
copy of the
 petition.

Appeal the Decision to Appeal the Decision to

the Court the Court Appeal decision to the To
Where to of appeals, fifteen (15) of appeals, fifteen (15) the Civil
days from days Register General (Head of
Appeal from receipt of NCSO)
receipt of judgment. judgment.
Page 69 of 69